What is the Process of Contested Divorce in Texas?

When considering a divorce in Texas, it is important to understand the process of a contested divorce. A contested divorce occurs when two spouses cannot agree on one or more aspects of their separation. The process for a contested divorce can be complicated and time-consuming, but understanding the steps involved can help make the process smoother. This blog will cover the steps you should take when filing for a contested divorce in Texas.

The steps in a contested divorce are as follows: 

The first step in the process of a contested divorce is to file a petition for divorce with the court. This document must be signed by both spouses and provide details about their marriage, including when it began, any children involved, and why they are seeking a divorce. The petition must include certain information such as names, contact information, dates of marriage and separation, and grounds for divorce. The petitioner must also provide details about any children involved, including their names, ages, and where they live. The petitioner must also list any assets or property that must be divided between the parties as part of the property division process. 

Once the petition is filed, it must be served on the other party (the respondent). The respondent then has 20 days from receiving the petition to file an answer with the court. The answer should include whether they agree or disagree with each aspect listed in the divorce petition. If there are disagreements about any issues such as child custody, child support, spousal maintenance, or property division, these must be stated in detail for them to be considered by a judge during hearings. 

Once both parties have filed their documents with the court, they will enter into a period of discovery. Discovery involves exchanging information between the two spouses about their finances and assets. During this stage, each spouse will need to provide documents such as bank statements, tax returns, and other financial records so that both parties can get an accurate picture of their marital assets. This includes gathering information about assets and debts through subpoenas and requesting documents from banks or employers that can provide evidence of income or lifestyle habits. In some cases, each spouse may also be required to answer written questions from each other under oath. This process can take several weeks or months, depending on how cooperative each party is during discovery.

Once discovery is complete, negotiations or mediation can begin if both parties agree. During this stage of the process, each spouse's attorneys will try to reach an agreement on all outstanding issues, such as child custody arrangements, spousal maintenance payments, property division agreements, and more. If an agreement cannot be reached between the two sides during negotiations or mediation, then they may have to go through trial proceedings instead.

If negotiations are unsuccessful, then trial proceedings will commence where both sides present evidence before a judge who will make a final decision on all matters related to their divorce, including child support payments and division of assets, among others. It's important to remember that if you choose trial proceedings, you should hire an experienced attorney who specializes in family law so that your rights are protected throughout this long process. 

Once all issues have been settled either through negotiation or trial proceedings, then a final judgment of divorce will be issued by the court, which officially dissolves the marriage between both spouses, legally making them single again.

If you are considering filing for a contested divorce in Texas, there are several factors that you should take into account before making your decision:

• How much do you disagree with your spouse? Are there particular issues that make compromise difficult?

• What kind of evidence will be needed to prove your case? How long will it take?

• What are your financial resources like? Will hiring an attorney necessary?

• Are there any alternatives available such as mediation or collaborative law agreements?

Ultimately, deciding whether or not to pursue a contested divorce should depend on how much disagreement exists between yourself and your spouse–and whether alternatives such as mediation might help resolve disagreements faster without needing to go through court proceedings at all!

Contested divorces can be complicated and emotionally charged processes that require an experienced attorney to navigate successfully. If you are considering filing for a contested divorce in Texas, it is important to understand all aspects of what this entails before making any decisions about moving forward with your case. An experienced family law attorney can help explain legal rights associated with each issue being disputed as well as provide guidance throughout every step of this process so that you get fair outcomes regarding all matters related to your case.